Mason v. Commonwealth
Court of Appeals of Kentucky
Case 66 — INDICTMENT .1. If the appellant is guilty of any offense It was punishable under the provisions of section 1162, of the Kentucky Statutes, and not under those of 1164. The little room cut off as a part of the cellar could not be considered as a storehouse, within the meaning of section 1164. Price v. Commonwealth, 15 Ky. Law Rept., 857; White v. Commonwealth, 10 Ky. Law Rept., 422; Whallen v. Commonwealth, 17 Ky.
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Case 66 — INDICTMENT .1. If the appellant is guilty of any offense It was punishable under the provisions of section 1162, of the Kentucky Statutes, and not under those of 1164. The little room cut off as a part of the cellar could not be considered as a storehouse, within the meaning of section 1164. Price v. Commonwealth, 15 Ky. Law Rept., 857; White v. Commonwealth, 10 Ky. Law Rept., 422; Whallen v. Commonwealth, 17 Ky. Law Rept., 921. :21. Appellant can not he convicted under section Í162, of the Kentucky Statutes, because he did not take away anything of value. Duncan v. Commonwealth, 85…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion op the court.
Appellant was indicted and convicted under section 1164 Kentucky Statutes, the charge being that he feloniously broke into “the store house of Larkin Harned, to-wit: his cellar, wherein goods and property were stored, with intent to steal therefrom,” and did steal a large quantity of wine, the property of Harned.
From the testimony for the Commonwealth, it appears that appellant had been, for some time, employed by Mr. Harned, was treated as one of the family, slept with one of the'children, and was given wine whenever he asked for it. In the…
2Cases cited1 opinion
- White v. CommonwealthCourt of Appeals of Kentucky · 1888
3Cited by7 opinions
- Burgett v. StateIndiana Court of Appeals · 1974
- Arnold v. StateCourt of Special Appeals of Maryland · 1969
- Shumate v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1968
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1990
- Yeager v. Bank of KentuckyCourt of Appeals of Kentucky · 1908
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